Ministry of transportation Russian Federation

Federal Service for Supervision in the Sphere of Transport

Department of State Road Supervision for the Vologda Region

160019 Vologda, st. Komsomolskaya, d.55.

RESOLUTION

on termination of proceedings

about an administrative offense

I am a state inspector of the department of motor transport, road supervision and control of international road transport of the Gosavtodornadzor Administration for the Vologda Region "data taken", Vologda, st. Komsomolskaya, d. 55, having studied the materials of the case of an administrative offense against LLC “data seized”, location: Vologda region, “data seized”, under part 10 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation,

SET UP:

On August 15, 2015, an inspection was carried out at 1318 km of SPVK-1 FAD M-4 Moscow-Novorossiysk vehicle Renault 400 Premium registration number "data removed", trailer VAN HOOL, registration number "data removed". The driver of this vehicle was "data seized", born in 1976. This driver carried out international road transport cargo from Russia to Abkhazia according to CMR No. “data seized” dated 08/12/2015. The consignor is OOO “data seized”, location address 160530 Vologda region, Vologda district, “data seized”. During the control weighing on scales No. 042, serial number-SDK.Am-01-2-2 (verification date 02.27.2015), it was established that the maximum allowable norms of axle loads were exceeded, provided for by the Decree of the Government of the Russian Federation of 04.15.2011. No. 272 "On approval of the Rules for the carriage of goods by car", namely: the load on the second axle of the Renault 400 Premium car was 11.38 tons, with an allowable rate of 10 tons, the load on the fourth axle of the Renault 400 Premium was 7.68 tons, with an allowable rate of 7 .5 tons, thus, a violation of the "Rules for the carriage of goods by road", approved by Decree of the Government of the Russian Federation of April 15, 2011 N 27, was committed.

On 10/08/2015, decision No. 126 dated 10/08/2015 on initiating an administrative offense case and conducting an administrative investigation under Part 10 of Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation and decision No. 127 dated 10/08/2015 on requesting information . Copies of definitions sent by registered mail with notification (ref. No. 3144/05-60 dated 08.10.2015), as well as by fax to telephone 8(8172) “data seized”.

On October 13, 2015, the director of LLC “data seized” A.V. “data seized” provided an explanation that on 08/12/2015 LLC “data seized” shipped the goods to IE “data seized” A.S., for delivery to LLC “data seized”. Contractual relations between LLC "data seized" and IE "data seized" A.S. was not, the cargo was not loaded by LLC “data seized”, delivery was carried out by the consignee. In addition, according to the explanation, the actual mass of the vehicle, both overall and along the axles, did not exceed the permissible loads.

On 10/13/2015, the director of LLC "data seized" A.V. “data seized” a motion was submitted to dismiss the case on an administrative offense from which it follows that contractual relations between OOO “data seized” and IE “data seized” A.S. (carrier) was not. From the date of loading: 12.08.2015, until the date of weighing the vehicle: 15.08.2015 LLC "data seized" did not have the ability to control the movement of the carrier, loading other goods into the vehicle, shifting the cargo after receiving the goods from the company. Petitioned for a request from the IP “data seized” A.S. the route of the vehicle, an explanation of the driver of the vehicle on the merits of the alleged offense, information about the weight of the vehicle at other road control points along the route.

Taking into account that for an objective and comprehensive study of the available materials, and also, in connection with the required time to send a request to the IE "data seized" Alexander Sergeevich (TIN "data seized") in Krasnodar region, Khostinsky district, Sochi, “data taken”, it is impossible to obtain explanations from an individual entrepreneur before the expiration of the statute of limitations for bringing to administrative responsibility (10/15/2015).

Based on the foregoing and guided by Part 1, Clause 2, Article 24.5 of the Code of Administrative Offenses of the Russian Federation,

RESOLVED:

1. Proceedings in the case of an administrative offense in relation to "data seized" under Part 10 of Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation should be terminated due to the absence of an administrative offense.

2. In a petition to request from the IP “data seized” by A.S. the route of the vehicle, the driver's explanations, information about the weight of the vehicle at other points of traffic control along the route, to refuse in connection with the termination of proceedings on an administrative offense.

3. Send the materials to the case.

The official who issued the decision, "data seized"

Article 12.21.1. Violation of the rules for the movement of a heavy and (or) large-sized vehicle

1. Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions of the vehicle by no more than 10 centimeters without a special permit, or exceeding the dimensions specified in a special permit by no more than 10 centimeters, or exceeding the permissible mass of the vehicle vehicle or the permissible axle load of the vehicle by more than 2, but not more than 10 percent without a special permit, or in excess of the mass of the vehicle or the axle load of the vehicle specified in the special permit, by more than 2, but not more than 10 percent -

entails the imposition administrative fine per driver in the amount of one thousand to one thousand five hundred rubles; on officials responsible for transportation - from ten thousand to fifteen thousand rubles; for legal entities - from one hundred thousand to one hundred and fifty thousand rubles, and in case of fixing an administrative offense by special technical means, having the functions of photography and filming, video recording - to the owner (owner) of the vehicle in the amount of one hundred and fifty thousand rubles.

2. Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions of the vehicle by more than 10, but not more than 20 centimeters, or exceeding the permissible mass of the vehicle or the permissible axle load of the vehicle by more than 10, but not more than 20 percent without special permission -

shall entail the imposition of an administrative fine on the driver in the amount of three thousand to four thousand roubles; for officials responsible for transportation - from twenty-five thousand to thirty thousand rubles; on legal entities - from two hundred and fifty thousand to three hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of three hundred thousand rubles.

3. The movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions of the vehicle by more than 20, but not more than 50 centimeters, or exceeding the permissible mass of the vehicle or the permissible load on the vehicle axle by more than 20, but not more than 50 percent without special permission -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand to ten thousand rubles or deprivation of the right to drive transport vehicles for a term of two to four months; for officials responsible for transportation - from thirty-five thousand to forty thousand rubles; on legal entities - from three hundred and fifty thousand to four hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of four hundred thousand rubles.

4. Movement of a heavy and (or) large-sized vehicle exceeding the dimensions specified in a special permit by more than 10, but not more than 20 centimeters, or exceeding the mass of the vehicle or the load on the axle of the vehicle specified in the special permit by an amount more than 10, but not more than 20 percent -

shall entail the imposition of an administrative fine on the driver in the amount of three thousand to three thousand five hundred roubles; for officials responsible for transportation - from twenty thousand to twenty-five thousand rubles; on legal entities - from two hundred thousand to two hundred and fifty thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of two hundred and fifty thousand rubles .

5. The movement of a heavy and (or) large-sized vehicle exceeding the dimensions specified in a special permit by more than 20, but not more than 50 centimeters, or with an excess of the mass of the vehicle or the load on the axle of the vehicle specified in the special permit by an amount more than 20, but not more than 50 percent -

shall entail the imposition of an administrative fine on the driver in the amount of four thousand to five thousand rubles or deprivation of the right to drive transport vehicles for a term of two to three months; for officials responsible for transportation - from thirty thousand to forty thousand rubles; on legal entities - from three hundred thousand to four hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of four hundred thousand rubles.

6. Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions by more than 50 centimeters without a special permit, or exceeding the dimensions specified in a special permit by more than 50 centimeters, or exceeding the permissible mass of the vehicle or the permissible load on a vehicle axle by more than 50 percent without a special permit, or with an excess of the mass of the vehicle or the load on the vehicle axle specified in the special permit by more than 50 percent -

shall entail the imposition of an administrative fine on the driver of a vehicle in the amount of seven thousand to ten thousand rubles or deprivation of the right to drive vehicles for a term of four to six months; for officials responsible for transportation - from forty-five thousand to fifty thousand rubles; on legal entities - from four hundred thousand to five hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of five hundred thousand rubles.

7. Violation of the rules for the movement of heavy and (or) large-sized vehicles, with the exception of cases provided for in parts 1-6 of this article, - entails the imposition of an administrative fine on the driver of the vehicle in the amount of one thousand to one thousand five hundred rubles; for officials responsible for transportation - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.

8. Provision by the consignor of false information about the mass or dimensions of the cargo in the documents for the transported cargo or failure to indicate in the consignment note when transporting large-sized or heavy-weight cargoes information about the number, date or period of validity of a special permit or about the route of transportation of such cargo, if this caused a violation provided for part 1, 2 or 4 of this article, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles; on officials - from fifteen thousand to twenty thousand rubles; for legal entities - from two hundred thousand to three hundred thousand roubles.

9. Provision by the consignor of false information about the mass or dimensions of the cargo in the documents for the transported cargo or failure to indicate in the consignment note when transporting large-sized or heavy-weight cargoes information about the number, date or period of validity of a special permit or about the route of transportation of such cargo, if this entailed a violation provided for part 3, 5 or 6 of this article, -

shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles; on officials - from twenty-five thousand to thirty-five thousand roubles; for legal entities - from three hundred and fifty thousand to four hundred thousand roubles.

10. Exceeding the permissible weight of the vehicle and (or) the permissible load on the axle of the vehicle, or the mass of the vehicle and (or) the load on the axle of the vehicle, specified in a special permit, or the permissible dimensions of the vehicle, or the dimensions specified in a special permit , legal entities or individual entrepreneurs who loaded cargo into a vehicle -

entails the imposition of an administrative fine on individual entrepreneurs in the amount of eighty thousand to one hundred thousand rubles; for legal entities - from two hundred and fifty thousand to four hundred thousand roubles.

11. Failure to comply with the requirements prescribed by road signs prohibiting the movement of vehicles, the total actual mass of which or the load on the axle of which exceeds those indicated on road sign if the movement of such vehicles is carried out without a special permit, -

shall entail the imposition of an administrative fine in the amount of five thousand roubles.

Note. For the administrative offenses provided for by this article, persons carrying out entrepreneurial activity without education legal entity, bear administrative responsibility as legal entities.

shall entail the imposition of an administrative fine on the driver in the amount of one thousand to one thousand five hundred roubles; for officials responsible for transportation - from ten thousand to fifteen thousand rubles; on legal entities - from one hundred thousand to one hundred and fifty thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of one hundred and fifty thousand rubles .

6. Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions by more than 50 centimeters without a special permit, or exceeding the dimensions specified in a special permit by more than 50 centimeters, or exceeding the permissible mass of the vehicle or the permissible load on the axle of a vehicle by more than 50 percent without a special permit, or with an excess of the weight of the vehicle or the load on the axle of the vehicle, specified in the special permit, by more than 50 percent -

7. Violation of the rules for the movement of heavy and (or) large-sized vehicles, with the exception of cases provided for by parts 1-6 of this article, -

shall entail the imposition of an administrative fine on the driver of a vehicle in the amount of one thousand to one thousand five hundred roubles; for officials responsible for transportation - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles; for officials - from fifteen thousand to twenty thousand rubles; for legal entities - from two hundred thousand to three hundred thousand rubles.

shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles; for officials - from twenty-five thousand to thirty-five thousand rubles; for legal entities - from three hundred and fifty thousand to four hundred thousand rubles.

shall entail the imposition of an administrative fine on individual entrepreneurs in the amount of eighty thousand to one hundred thousand roubles; for legal entities - from two hundred and fifty thousand to four hundred thousand rubles.

11. Failure to comply with the requirements prescribed by road signs prohibiting the movement of vehicles, the total actual mass of which or the load on the axle of which exceeds those indicated on the road sign, if the movement of such vehicles is carried out without a special permit, -

shall entail the imposition of an administrative fine in the amount of five thousand roubles.

Note. For the administrative offenses provided for by this article, persons engaged in entrepreneurial activities without forming a legal entity shall bear administrative responsibility as legal entities.

Violation of the rules for the transportation of bulky and heavy cargo

Commentary on Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation:

1. The objects of the offenses provided for in this article are public relations in the field of security traffic. The article consists of four parts.

2. From the objective side, the offenses under consideration are expressed in violation of the rules for the transportation of bulky and heavy cargo.

3. According to part 1 of the commented article, liability arises in the case of transportation of bulky and heavy cargoes without a special permit, as well as in case of deviation from the route indicated in the special permit. The relevant requirements are provided for by the Instructions for the transportation of bulky and heavy goods by road on the roads of the Russian Federation, approved by the Order of the Ministry of Transport of Russia on May 27, 1996 (as amended and supplemented).

4. According to part 2 of the article, liability arises for the transportation of bulky goods in excess of the dimensions specified in the special permit by more than 10 centimeters.

5. Under part 3 of the article, liability arises for the transportation of heavy cargo in excess of the permitted maximum mass or axle load specified in the special permit by more than 15%.

6. According to part 4 of the article, liability arises in case of violations of the requirements for the transportation of oversized and heavy cargo contained in paragraphs 23.1 - 23.5 of the Rules of the Road of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 ( with changes and additions). In particular, it is provided that the mass of the transported cargo and the distribution of the load along the axles should not exceed the values established by the manufacturer for a particular vehicle. Paragraph 23.2 of the Rules of the Road imposes on the driver the obligation to control the placement, fastening and condition of the load before and during the movement. In cases where the condition and placement of the cargo do not meet established requirements, the driver is obliged to take measures to eliminate violations or stop further movement.

7. In accordance with Art. 27.13 of the Code, the commission of the offenses provided for in parts 1 and 2 of this article may entail the detention of the vehicle, placing it in a specialized parking lot, in the manner established by the Government of the Russian Federation. If it is impossible for technical specifications the vehicle of its movement and placement in a specialized parking lot is detained by stopping the movement with the help of blocking devices.

8. The subjects of the commented offenses are drivers of vehicles, officials responsible for the transportation of such goods, as well as legal entities.

9. From the subjective side, offenses can be committed both intentionally and through negligence.

10. Cases of commented administrative offenses are considered by the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy (Article 23.3). Cases of administrative offenses under parts 1 and 2 of this article are considered by judges in the event that they refer the relevant case for consideration (part 2 of article 23.1).

Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3).

Article 12.21.1. Violation of the rules for the movement of a heavy and (or) large-sized vehicle

checked today
code dated 01.02.2020
entered into force on 11.08.2007

There are no new versions of the article that have not entered into force.

Compare with the wording of the article dated 11/20/2011 11/14/2007 08/11/2007

shall entail the imposition of an administrative fine on the driver in the amount of five thousand to ten thousand rubles or deprivation of the right to drive vehicles for a period of two to four months; for officials responsible for transportation - from thirty-five thousand to forty thousand rubles; on legal entities - from three hundred and fifty thousand to four hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of four hundred thousand rubles.

shall entail the imposition of an administrative fine on the driver in the amount of four thousand to five thousand rubles or deprivation of the right to drive vehicles for a period of two to three months; for officials responsible for transportation - from thirty thousand to forty thousand rubles; on legal entities - from three hundred thousand to four hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of four hundred thousand rubles.

7. Violation of the rules for the movement of heavy and (or) large-sized vehicles, with the exception of cases provided for in parts 1-6 of this article, -

11. Failure to comply with the requirements prescribed by road signs prohibiting the movement of vehicles, the total actual mass of which or the axle load of which exceeds those indicated on the road sign, if the movement of such vehicles is carried out without a special permit, -

shall entail the imposition of an administrative fine in the amount of five thousand roubles.

Judicial practice under Art. 12.21.1 Administrative Code of the Russian Federation

Case No. 81-AD16-6 April 22, 2016	Judicial Collegium for Administrative Cases, Supervision

Article 12.21 1 part 6. on an administrative offense

Article 12.21.1. Violation of the rules for the movement of a heavy and (or) large-sized vehicle

Article 12.21.1. Violation of the rules for the movement of a heavy and (or) large-sized vehicle

Other articles of the section

Judicial practice under Art. 12.21.1 Administrative Code of the Russian Federation